A wrongful death suit filed by the parents of black teenager Trayvon Martin who was shot to death by neighborhood watch volunteer George Zimmerman has been settled, according to documents filed in a Florida court yesterday.

From Orlando Sentinel:

Trayvon Martin's parents have settled a wrongful-death claim for an amount thought to be more than $1 million against the homeowners association of the Sanford subdivision where their teenage son was killed.

Their attorney, Benjamin Crump, filed that paperwork at the Seminole County Courthouse, a portion of which was made public Friday.

In the five pages of the settlement that were available for public review, the settlement amount had been marked out. Lower in the agreement, the parties specified that they would keep that amount confidential.

When asked during an earlier interview whether the amount was more than $1 million, Crump said: "I have no comment on that subject ... I know you did not get that from me." Trayvon was shot to death by Neighborhood Watch volunteer George Zimmerman at the Retreat at Twin Lakes townhomes in Sanford on Feb. 26, 2012. Zimmerman served as head of the Neighborhood Watch and called police that evening, describing Trayvon as suspicious. He has said the teen attacked him and he fired in self-defense.

The community-association manager, Kent Taylor, did not return phone calls from the Orlando Sentinel about the settlement. Neither did its attorney, Thomas R. Slaten Jr.

Robert Taylor is founding partner of Taylor & Carls P.A., a law firm that represents homeowner associations but has no connection to the Retreat at Twin Lakes.

"When claims are filed, they're filed against anybody who could possibly have any culpability," he said. Trayvon's parents must have concluded that Zimmerman's homeowners association did, he said, thus the claim.

Insurance companies wouldn’t roll over that fast nor for that much. Must be why all the details of the settlement are left out. They maybe didn’t get near what they wanted. This is what passes for journalism these days.

Only in America....land of the sue-happy ‘gimme freebies’.... could two crappy excuses for parents be awarded money for the consequences of their thug-in-the-making son’s actions of attacking a neighborhood watch person. This is the backasswards kind of justice that all of us that are not considered “Holder’s people” can expect from now on.

13
posted on 04/06/2013 11:10:55 AM PDT
by XenaLee
(The only good commie is a dead commie.)

<>Their attorney, Benjamin Crump, filed that paperwork at the Seminole County Courthouse, a portion of which was made public Friday.<>

The Sentinel reported on Friday that the settlement amount was crossed out of paperwork filed at the Seminole County Courthouse. Later in the day, the document appeared to have been withdrawn from public view.

Although a cover page indicated copies of the settlement were given to Zimmermans lawyer and the judge presiding over the criminal trial, Vincent told Reuters that the defense team did not receive its copy.

For one thing, it's probably irrelevant to Zimmerman's defense. Secondly, this might be one of the best things that could have happened to him. If the HOA and its insurance carrier have paid a settlement in a civil suit over this incident, then they've openly acknowledged that Zimmerman was acting as an appointed agent of the HOA.

The next civil suit to come out of this case will likely come from Zimmerman -- against the HOA. He will claim that the HOA governing documents indemnify and hold harmless its officers, directors and other agents who act in a volunteer capacity, and will demand financial compensation to cover the legal fees he has incurred in his defense.

Travelers was the carrier. They paid. My guess is the policy was for 1 million. I am sure the homeowners would have contested if the amount was much beyond that but they agree to subrigation when they insure.

I think one should address any problems with this settlement directly with them through the CEO. This is a travesty.

It could get worse than that and turn full circle. Since Crump opened up Pandora's Box by making this confidential settlement public, the HOA could then go after Crump for any subsequent payouts to Zimmerman.

How is this possible when Zimmerman hasn't even gone to trial yet? What if the defense presents a video of TraydmarkTM stalking Zimmerman and beating the hell out of the guy? (which to me is exactly what happened) Or trying to break into a house? These lawyers are pussies. They are paying the family of a guy who was attempting to kill somebody.

22
posted on 04/06/2013 12:08:36 PM PDT
by GrandJediMasterYoda
(Someday our schools will teach the difference between "lose" and "loose")

I certainly would especially if found not guilty. And sue every single last news outlet that badmouthed him (especially NBC) and sue even Obama if possible for enflaming the situation. I never seen a guy so maligned in my life for self defense. The evidence is overwhelming that he was attacked, was screaming for his life, and from day 1 he’s been portrayed as something akin to a KKK member.

23
posted on 04/06/2013 12:13:33 PM PDT
by GrandJediMasterYoda
(Someday our schools will teach the difference between "lose" and "loose")

I bet his parents have insured themselves for years and have great life, health, liability insurance policies...!!

Until we all just decide to have no liabiliby insurance and we’re worth nothing to speak of this will go on. Criminal’s and their families will prosper and we’ll keep paying higher premiums for this crappy way lawyers earn their fancy life.

Illegals do this all the time. They have no life or auto insurance so if you are at fault in a car accident they’ve won the lotto.

1. Cost to litigate up to trial.
2. Cost of trial.
3. Likely hood of a judgement.
4. If judgement is negative, then cost to appeal.

The Martin’s attorney knows the risks and factors into his advice. He wants to settle at step 1.

So I would not read much into the amount speculation. Given the recent news on the case, sentiment was going the HOA’s way. My guess is low six figures. Easily covered by the policy. No HOA special assessment.

-- So if a Crump files papers with the Court and then withdraws them, were they ever filed with the Court in the first place? --

If the settlement was months ago, and the press knew it (refer to unspecified press interview with O'Mara, sometime in February), but the press didn't report the settlement when it learned about it - does that mean the settlement was reached in April? Or does it mean that the press is full of lying cockroaches?

-- the settlement is discoverable and is subject to court order disclosure regardless of confidentiality. --

While I agree that in the entire universe of possible legal action, it is discoverable; I respectfully disagree that it has any bearing at all in the criminal case at hand, but I'm quite open to a citation for the opposite proposition.

As for disclosing the "secret" parts, courts are generally protective of secrets, provided they are legal secrets. Plenty of trade secret cases are conducted, and the secrets are kept, well, secret. The out of court settlement has a similar nature. It is a private, legal deal.

(refer to unspecified press interview with O'Mara, sometime in February), but the press didn't report the settlement when it learned about it - does that mean the settlement was reached in April?Or does it mean that the press is full of lying cockroaches?

I'm not buying any of it. It shows up the day after the Writ and none of the people who were supposed to get copies got them. And the media makes a bigger deal out of a document that they can't and won't show us, that was supposedly told them 2 months ago, than the Writ that could turn the case upside down.

This makes no sense, although maybe I just don’t understand how Florida runs community watch.

In our state, the neighborhood watch is not attached to an HOA, and the HOA would have no liability for the action of a person in the neighborhood watch. And in fact, there are pretty strict rules about the whole NW thing.

Unless the HOA had a policy, and the insurance company decided it was easier to pay up, this makes no sense.

Frankly I have yet to see any evidence that the HOA settled anything. Ben Crump saying anything is not proof of anything.

He is a proven liar. He filed a document with the court and a short time later it was withdrawn and not available. A copy was said to have been given to the defense but they said that they received no copy.

The Orlando Sentinel says that it has a copy of the settlement papers. Alright — if so — then publish them. Put up or shut up:

“The Sentinel reported on Friday that the settlement amount was crossed out of paperwork filed at the Seminole County Courthouse. Later in the day, the document appeared to have been withdrawn from public view.

“Although a cover page indicated copies of the settlement were given to Zimmermans lawyer and the judge presiding over the criminal trial, Vincent told Reuters that the defense team did not receive its copy.”

I'm more interested in how they will be able to hold up those Trashcans for Trayvon with all that money weighing down their pockets.

At a time when they were crying out "Justice for Trayvon", and begging bucks from widows in black churches, they were filing a suit to extort millions from those who had nothing to do with their son's death.

I suspect that the publicity of this settlement will have a detrimental effect. It will dry up those trashcans and bring a lot of people out of the woodwork who helped pull off this scam and will now want to be paid, because this is all they are going to get. In the hood it's all about the money.

Something is really fishy here. The material was supposed to be confidential for 10 days, but somehow the clerk of the court gave at least a partial copy to the Orlando sentinel, and then the contents were the source of many many many news stories over the next few days.

I think the HOA and Crump have a fairly easy "out" to (cough cough) maintain the confidentiality; which is to file the motion required by the rules (nevermind for a moment that the rules say the material will be kept confidential for ten days, when the material was released to the press already). I think the settlement agreement is in the nature of trade secret, at least it is to the HOA insurer. It takes the judge to agree that it merits confidentiality - contrasted with certain other information that the clerk can find to be confidential.

The court has 30 days to decide, but that's a rules based deadline, and the courts in Florida only follow the rules when it produces the outcome they want. There is no remedy for failure to rule in the 30 days, and Crump and HOA, etc. all want to keep the agreement confidential (cough cough) now that the strategic leak has been completed.

I think the goal was to make the existence of a settlement a news item, and that Crump, the Orlando sentinel, and the clerk of the court were all in on the scheme.

Now the clerk can claim simple error, Crump can say (and probably win) that the material is confidential and was not to be released, and Rene Stutzman can just play "simple error by clerk" or "the press is entitled to it" or whatever suits her pro-Martin agenda. There will be no way to prove it was a scheme, but the circumstances add up to it, plain and simple.

How many other confidential filings were copied for the public after one day in the hopper? How come only five pages?

Anyway, from Crump's point of view, mission accomplished. It was news, and he won;t be found in breach of contract to maintain confidentiality.

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